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1 <br />. <br /> <br /> <br /> <br />ORDINANCE NO. 4182-26 <br /> <br />An ORDINANCE imposing a utility tax on the City’s water and sewer utility, amending chapter 3.28 of <br />the Everett Municipal Code. <br />WHEREAS, <br />A. The City of Everett is a first-class charter city and has general taxing authority under <br />RCW 35.22.280(32) to license for revenue purposes. The City of Everett has authority to impose <br />utility taxes under RCW 35.22.195 and RCW 35.22.280(32) and other state law. <br />B. The City collects a 6% payment-in-lieu-of-tax (a PILOT) on the City’s water and sewer utility <br />under City Council Resolution 2285 dated June 1, 1983. <br />C. The City faces the structural challenge that the cost of providing core services is growing at a <br />faster rate than revenues. Although the City has adopted measures to address this challenge, <br />including cost containment through organizational changes, budget cuts, and other measures, <br />there remains a funding shortfall for the core City services. <br />D. The purpose of this Ordinance is to impose a 12% utility tax on the City’s water and sewer utility <br />for the purpose of increasing revenue available for core City services. <br />NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br />Section 1. EMC 3.28.030 is amended as follows, with underlined text added and strikeout text deleted: <br />3.28.030 Definitions <br />In construing the provisions of this chapter, save when otherwise plainly declared or clearly <br />apparent from the context, the following definitions shall be applied: <br />A. “Cable television services” means the one-way transmission of video programming and <br />associated nonvideo signals to subscribers together with subscriber interaction, if any, which is <br />provided in connection with video programming. <br />B. “Cellular telephone service” means the two-way voice and data <br />telephone/telecommunications system based in whole, or substantially in part, on wireless radio <br />communications, and which is not subject to regulation by the Washington Utilities and <br />Transportation Commission (WUTC). This includes “cellular mobile service.” The definition of <br />“cellular mobile service” includes other wireless radio communications services such as <br />specialized mobile radio (SMR), personal communication services (PCS), and any other evolving <br />wireless radio communications technology which accomplishes the same purpose as cellular <br />mobile service. <br />C. “Competitive telephone service” means the providing by any person of telecommunications <br />equipment or apparatus, or service related to that equipment or apparatus such as repair or <br />maintenance service, if the equipment or apparatus is of a type which can be provided by persons <br />that are not subject to regulation as telephone companies under RCW Title 80, and for which a <br />separate charge is made. <br />D. “Gas business” means the business of transmitting, distributing, brokering, or selling natural,